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00-77OR�G�NAL Presented Referred To RESOLUTtON CITY OF SAINT PAUL, MINNESOTA Council File # O � -riri Green Sheet # 08913 �� Committee Date RESOLVED, that the Council of the City of Saint Paul hezeby approves and ratifies the attached 2 Letter of Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO. Requested by Department of: Office of Labor Relations By: �—�N � Form Appr ued by y� om� By: �/'� \f Z ' � Adoption Certified by Council Secretary �Y� �� •--� � a �^^-Q.. � .. n � Approved by May • ate � � ! � � By: Appr ayo��o ' sion tia Council By: '� Adopted by Council: Date ��.`� c�-O� c� � � DEPARTIMIENT/OFFICE(COUNCII.: DATE INITIATED GREEN SHEET No.: 08913 OO ��I ` LABOR RELATIONS January 18, 2000 � CONTACI' PERSON & PHONE: � itvITTALDpi'E pvl7iAy/ppiE TERRY HALTTNER 266-8897 p�IGN i nsrnarMErrr n� `�� a crrr courvciL 1VIJMBER 2 CTTY ATTORNEY � CII'Y CLERK MUST BE ON COUNCD. AGENDA BY (DATE) F�R BUDC'EC DII2. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASS'f.) � ORDER : TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) acnoN nEQVFS�n: This resolution approves the attached Letter of Agreement between the City of Saint Paul and the Intetnational Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO, pertaining to temporary employees. RECOMA�IENDA110NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUST ANSIVER THE FOLLOWING QUESTiONS: PLANNING COM[vIISSION _CIVIL SERVICE COM�9SSION 1. Haz tfiis persoNficm eves worked under a conhact for this department? CIB CATIMI7TEE Yes No _STAFF 2. Has tLis peison/firm ever been a city employee? DISIRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECIIVE? 3. Dces this persodfirm possess a skill not normatly possessed by any current ciry employee? Yes No Eaplaio all yes answers on separare sheet and attsc6 to green s6eet INI'PIATINGPROBLEM,ISSUE,OPPOR7'UNITY(N'6o,Whaf,Wheo,Where,Why):TeYIliS and Conditions for emplOyIDeriC O� temporary stage technicians was previously included in the Collective Bargaining Agreement. It was deCermined that this was inappropriate and that separate agreements should be negotiated. aDVqN'1'pGES1FaPPxOVen Events scheduled at the RiverCentre can proceed. DTSADVANTAGESIFAPPROVED: None ' DLSanvNVTnGESIFxOTAPPROVED: The City would be unable to hire temporary stage technicians from � the union hall for events at the RiverCentre. This could cause cancellations of events. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNiTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �¢ }v lav�i.�iLe� t`. G'�.°�•Ytf�= u CE8 Y ao -�n ATTAC�IMENT TO TI� GREEN SHEET The Internafionai Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO Below is a summary of the changes in the Letter of Agreement between the City and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. The Letter of Agreement is for the period of February 1, 1998 through January 31, 2001. The Wage Schedule sets the wages for the temporary, part-time employees. Wages: 1998: 2.50% (Splits*: 02/98 2.0%; 09/98 0.50%) 1999: 2.5% (Splits: 02/99 2.0%; 04/99 0.5%) 20Q0: 3.0% * Wage implementation dates The Union, International Alliance of Theatrical Stage Empioyees, Local No. 20, AFL-CIO, merged with International Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO. The merged entity has taken the Local No. 13 title. � 0 0 -'1'1 LETTER OF AGREEMENT Whereas, the City of St. Paul (the Employer herein) and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO (LTnion) aze Parties to a collective bazgaining agreement (Agreement) which took effect on February 1, 1998 and which remains in effect through January 31, 2001. Whereas the Employer and the Union desire to enter into an agreement for the employment of temporary employees not covered by the collective bazgaining agreement, The Parties, notwithstanding any other provision of the Agreement to the contrary, agree as foIIows: EMPLOYMENT OF TEMPORARY EMPLOYEES The provisions set forth herein shall be observed where the Employer supplements its regulaz full-time and regulasly scheduled part-time theatrical stage and related work force Uuough the employment of empioyees on a temporary intermittent, or on-call basis. 1. The services of the Union's hiring and refenal ha11 sha11 be made available to the Empioyer for referral of qualified theatrical stage and related employees on a temporary basis. The • Union shall refer qualified employees to the Employer for employment on a non- discriminatory basis. Nothing herein sha11 be construed as a limitation upon the Employer's right to recruit, select and employ temporary employees from other sources where the Union's hiring and referral hall is unable to meet the Employer's stated needs in a timely manner. 2. Persons employed under the provisions expressed herein shall be at will employees, i.e., they shall serve at the pleasure of the Employer. Such employees may be released from employment within the sole discretion of the Employer without regazd to just cause as the term has meaning under the provisions of the Agreement or elsewhere. Notwithstanding the provisions at pazagraph 7, below, the release of a temporary employee from employment shall not be subject to review under the grievance or arbitrauon provisions of the Agreement or the rules of the Saint Paul Civil Service Commission. Where temporary employees have been released from employment for misconduct or incompetency, the Employer sha11 provide the Union with the reason(s) for its action and the Empioyer may, in its sole discretion, refuse to employ persons in the future. 3. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Empioyer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. • • � 4. The Employer shall, upon written request of any employee deduct such sums as the union may specify for initiation fees, assessments and/or membership dues, provided such deductions aze uniformly established. The Empioyer shall remit such deductions to the appropriate designated representative of the Union on a monthly basis. The Union will indemnify, defend and hold hannless the Employer against any claims made and against any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under the pazagraph. The Employer will indemnify, defend and hold harmless the Union against any claims made and against any suits insrituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwazding deductions under this pazagraph. 5. Persons employed under the provisions expressed herein shail be paid the basic hourly wage rates as set forth below: Effective Effective Effedive Effective Effective 03/O1/1998 10/01/1998 02l01/1999 OS/O1/1999 02/O1/2000 Grips, Stagehands per hour: $ 15.48 $ 15.52 $ 15.83 $ 15.91 $ 1639 a performance: $ 57.76 $ 57.91 $ 59.07 $ 5936 $ 61.14 FIy Person Lamp Operator Property Person Stage Cazpen[er Stage Electrician Rigger-High Steel Rigger-Siuors Lifr Audio Visual Technician Truck LoadedUnloader (24 feet or less in tength) Truck Loader/Unloader (Trucks exceeding 24 feet) per how: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ I8.15 a performance: $ 64.26 $ 64.42 $ 6571 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68A2 perhour: $ 17.15 $ t7.19 $ 17.53 $ I'7.62 $ I8.15 aperformance: $ 6426 $ 64.42 $ 65J1 $ 66.04 $ 68.02 per hovr: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 aperformance: $ 6426 $ 64A2 $ 65.71 $ 66.04 $ 68.02 perhour: $ I7.15 $ 1719 $ 17.53 $ 77.62 $ 18.15 a performance: $ 6426 $ 64.42 $ 6591 $ 66.04 $ 68.02 per hour: $ 30.96 $ 31.03 $ 31.66 $ 31.81 $ 32.77 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 26.75 $ 26.82 $ 27.35 $ 27.49 $ 2831 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 per hour. $ 4192 $ 41.82 $ 42.66 $ 42.87 $ 44.16 per hour: $ 5422 $ 5436 $ 55.45 $ SSJ2 $ 5739 • Such rates will be paid retroactively to Mazch 1, 1998, only for those temporary, intermittent or on-call employees who worked two hundred (200) or more hours during the period Mazch i, 2 DO-�� � DO-�� 1998 through January 15, 2000. The February 1, 1999, rates expressed herein will be made effective on the first day of the Employer's regulaz pay period immediately following ratification of the Agreement by the Union. 6. In addition to the basic hourly wage rates expressed above, the following additional terms and conditions of employment shall be observed: • Employees shall be paid at the highest basic hourly rate applicable to the work assigned to them and performed during a cail for the entire duration of the cali. • One and one-half (1 '/z) times the basic hourly rate shall be paid for all hours worked after forty (40) in any work week. • One-half ('/z) tixnes the basic hourly rate shall be paid in addition to the rate paid under the provisions expressed herein for all hours worked on any of the days designated as holidays below: • New Year's Day, January 1 • Independence Day, July 4 • Thanksgiving Day, the Fourth Thursday in November • Christmas Day, December 25 • Two (2) times the basic hourly rate shall be paid for all hours worked between the hours of midnight and 8:00 a.m. • • Payrolis for persons employed under the provisions expressed herein shall be administered in the same manner and under the same conditions as employees covered by the Agreement, i.e., they shall be paid in the Employer's regular pay days and they shall use the Employer's regularly designated payroll and work rime recording forms and systems. Employees shall be paid two (2) hours' pay for all calls that aze cancelled within twenty- four (24) hours and four (4) hours' pay for all calls that aze cancelied upon arrival at the River Centre. Employees shali be paid a minimum of four (4) hours' pay for each appearance on the Employer's payroll. These provisions, however, shall not be effective when work is unable to proceed or the call is canceled because of adverse weather or other emergency condirions beyond the Employer's or its clients control or when the performance or truck rate provisions expressed below appiy. The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at an hourly rate of one-third ( the performance rate. It is understood that all of the performance crew will report one-half ('/z) hour before the scheduled performance time. It is further understood that one-half ('/z) hour prior to the scheduled performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. u r C , J The huck rate shall apply for all truck loading/unloading calls lasting up to three (3) hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at an howly rate of one-third ( the truck rate. • One (1) paid rest period of fifteen (I S) minutes' duration shall be granYed each four (4) hours of work except during performances and reheazsals. Reasonabie efforts shall be made to schedule such breaks between the second and third and the sixth and seventh hours of work All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all time worked after the Sth hour and until a meal break is granted shall be paid at rime and one-half of the regulaz rate of pay. In the event employees receive a meal period penalry, the penalty wage rate shall be one- half increment above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meai. � • The employer, in lieu of providing a full meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for all employees and at least thirry (30) minates to consume the meal. Employees shall receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 pm., when a cold meal, such as sandwiches and/or deli tray shall be adequate. Fast food sandwiches aze not acceptable. 7. The processing of grievances as hereinafter provided is lanited by the job duties and responsibilities of the Empioyees and sha11 therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward invoived and a grieving Employee shall sufFer no loss in pay when a grievance is processed during working hours, provided the stewazd and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 71 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this LET'I'ER OF AGREEMENT. The grievance provision herein does not preclude the Union or employee from pursuing at any time any remedy either or both may have at law or equity. 7.2 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this LETTER OF AGREEMENT, the Employee involved shall attempt to resoive the matter on an informal basis with the Employee's supervisor. If the matter is not resolved to the Employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the iJNION. The written grievance shall set forth the nature of the grievance, the facts 0 0 -'l'l _, _ p�_'1'1 on which it is based, the alleged section(s) of this LETTER OF AGREEMENT violated, and the relief requested. Any alleged violation of this LETTER OF AGREEMENT not reduced to writing by the LJNION within seven (7) calendar days • of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (�) calendar days after receiving the wriiten grievance a designated EMPLOYER supervisor shall meet with the LTrIION Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the LJNION within three (3) calendar days foilowing this meeting. The tJTIION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER's written answer. Any grievance not referred in writing by the LINION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance refened from Step 2 a designated EMPLOYER supervisor shall meet with the i1NION's designated representative in an effort to resolve the grievance. Within seven (7} calendar days following the meeting the EMPLOYER shall reply in writing to the LTNION stating the EMPLOYER's answer concerning the grievance. • Step 3 shall be the final step. There shall be no right to mediation or arbitration with respect to any issues under this grievance process unless agreed to by both parties. 7.3.1 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. S. The Employer shall provide the Union with sixty (60) days written notice prior to the effective date of any subcontract or privatization agreement which may result in the termination or change of employment of employees covered under tlte terms and provisions of this agreement. At the request of the Union, the parties shall meet and negotiate in an effort to minimize the adverse effects of the Employer's decision upon the terms and conditions of this Agreement on the affected employees. • .� � �� NOW, THEREFORE, the Parties have caused this Letter of Agreement to be executed by D d' their duly authorized representatives whose signahses appeaz below: CITY OF SAINT PAUL INTERNATIONAL ALLIANCE OF THEATRICAL STAGE BMPLOYEES, LOCAL NO. 13, AFL-CIO � I �-,.,��C /�/y ��� Te �er Date Labor Relations Manager �,�,�� o�„ ���10 David Colby Date Business Representative � 1 ! r� � Matthew Rice ate Business Representazive � /5` -F� � Cliffo •d Schieman Date President � 0 6 -�� LETTER OF AGREEMENT • Whereas, the City of 5t. Paul (the Employer herein) and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO (Union) aze Parties to a coilective bazgaining agreement (Agreement) which took effect on February 1,1998 and which remains in effect through January 31, 2001. Whereas the Employer and the Union desue to enter into an agreement for ihe employment of temporary employees not covered by the collective bazgaining agreement, The Parties, notwithstanding any other provision of the Agreement to the contrary, agree as follows: EMPLOYMENT OF TEMPORARY EMPLOYEES The provisions set forth herein shall be observed where the Employer supplements its regulaz full-time and regularly scheduled part-time theatrical stage and related work force through the employment of empioyees on a temporary intermittent, or on-call basis. 1. The services of the Union's hiring and referral hall shall be made available to the Employer for referral of qualified theatrical stage and related empioyees on a temporary basis. The � Union shall refer qualified employees to the Empioyer for employment on a non- discriminatory basis. Nothing herein shall be construed as a Innitation upon the Employer's right to recruit, select and employ temporary employees from other sources where the Union's hiring and referral hall is unabie to meet the Employer's stated needs in a timely manner. 2. Persons employed under the provisions expressed herein shall be at will employees, i.e., they sha11 serve at the pleasure of the Employer. Such employees may be released from employment within the sole discretion of the Employer without regard to just cause as the term has meaning under the provisions of the Agreement or elsewhere. Notwithstanding the provisions at pazagraph 7, below, the release of a temporary employee from employment shail not be subject to review under the grievance or arbitration provisions of the Agreement or the rules of the Saint Paul Civil Service Commission. Where temporary employees have been released &om employment for misconduct or incompetency, the Employer shall provide the Union with the reason(s) for its action and the Employer may, in its sole discretion, refuse to employ persons in the future. 3. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. • � 4. The Employer shall, upon written request of any employee deduct such sums as the union 0 0- .�� may specify for uritiation fees, assessments andlor membership dues, provided such deductions are uniformly established. The Employer shall remit such deductions to the appropriate designated representative of the Union on a monthly basis. The Union will indemnify, defend and hold harmless the Employer against any claims made and against any suits instituted against the Employer, its officers or employees, by zeason of negligence of the Union in requesting or receiving deductions under the paragraph. The Empioyer will indemnify, defend and hold hanuless the Union against any claims made and against any suits instituted against the Union, its o�cers or employees by reason of negligence on the part of the Employer in making or forwazding deductions under this paragraph. S. Persons employed under the provisions expressed herein shall be paid the basic hourly wage rates as set forth below: Effec[ive Effective Effective Effective Effective 03lO1l1998 10l0111998 02l01/1999 0810111999 02101/2000 Grips, Stagehands per hour: $ 15.48 $ 15.52 $ 15.83 $ 15.91 $ 1639 a performance: $ 5796 $ 57.91 $ 59.07 $ 5936 $ 61.14 Fly Person Lamp Operator Property Person � Stage Carpenter Stage Electrician Rigger-High Stee] Rigger-Sizzors Lifr Audio Visual Technician Truck Loader/Onloader (24 feet or less in leng[h) Truck Loader/Unloader (Trucks exceeding 24 feet) perhour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 perhour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 aperformance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 77.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 6&.02 per hour: $ 17.15 $ 17.19 $ 1753 $ 17.62 $ 18.15 a performarice: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 6&A2 pet hour: $ 30.96 $ 31.03 $ 31.66 $ 31.81 $ 32.77 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 26.75 $ 26.82 $ 2735 $ 27.49 $ 2831 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68A2 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 per hour: $ 41.72 $ 41.82 $ 42.66 $ 42.87 $ 44.16 per hour: $ 5422 $ 5436 $ 55.45 $ 55,72 $ 5739 • Such rates wiil be paid retroactively to March 1, 1998, only for those temporary, intermittent or on-cali employees who worked two hundred (200) or more hours during the period March I, 2 � • o o -�'t 1998 through January 15, 2000. The February 1, 1499, rates expressed herein will be made effective on the first day of the Employer's regular pay period 'unmediately following ratificarion � of the Agreement by the Union. 6. In addition to the basic hourly wage rates expressed above, the following additional terms and conditions of employment shall be observed: • Employees shall be paid at the highest basic hourly rate applicable to the work assigned to them and performed during a call for the entire durarion of the call. • One and one-half (1 '/z) times the basic hourly rate shall be paid for all hours worked after forty (40) in any work week. • One-half ('h) times the hasic hourly rate shall be paid in addition to the rate paid under the provisions expressed herein for ali hours worked on any of the days designated as holidays below: • New Yeaz's Day, January 1 • Independence Day, July 4 • Thanksgiving Day, the Fourth Thursday in November • Christmas Day, December 25 • Two (2) times the basic hourly rate shall be paid for all hours worked between the hours of midnight and 8:00 a.m. � • Payrolls for persons employed under ihe provisions expressed herein shall be administered in the same manner and under the same conditions as employees covered by the Agreement, i.e., they shall be paid in the Empioyer's regular pay days and they shall use the Employer's regularly designated payroll and work time recording forms and systems. Employees shall be paid two (2) hours' pay for all calls that aze cancelled within twenty- four (24) hours and four (4) hours' pay for all calls that aze cancelled upon arrival at the River Centre. Employees shall be paid a minunum of four (4) hours' pay for each appearance on the Empioyer's payroll. These provisions, however, shall not be effective when work is unable to proceed or the call is canceled because of adverse weather or other emergency conditions beyond the Employer's or its clients control or when the performance or truck rate provisions expressed below apply. The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3} hours shall be compensated at an hourly rate of one-third ( the performance rate. It is understood that all of the performance crew will report one-half ('/z) hour before the scheduled performance time. It is further understood that one-half ('/z) hour prior to the scheduted performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. � • The truck rate shall apply for all truck loading/unloading calls lasting up to three (3) � O- �� hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in � excess of three (3) hours sha11 be compensated at an hourly rate of one-third ( the iruck rate. • One (1) paid rest period of fifteen (15) minutes' duration shall be granted each four (4) hours of work except during performances and reheazsals. Reasonable efforts shall be made to schedule such breaks between the second and third and the sixth and seventh hours of work • All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all tune worked after the Sth hour and until a meal break is granted shall be paid at time and one-half of the regular rate of pay. In the event employees receive a meal period penalty, the penalty wage rate shall be one- half incremem above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meal. The employer, in lieu of providing a fuli meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for ali empioyees and at least thirty (30) minutes to consume the meal. Employees sha11 receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 p.m., when a cold meal, such as � sandwiches and/or deli tray shall be adequate. Fast food sandwiches are not acceptable. 7. The processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 7.1 The procedure estabiished by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this LETTER OF AGREEMENT. The grievance provision herein does not preclude the Union or employee from putsuing at any time any remedy either or both may have at law or equity. 7.2 Grievances shall be resolved in conformance with the foliowing procedure: Step 1. Upon the occurrence of an alleged violation of this LETTER OF AGREEMENT, the Employee involved shall attempt to resolve the matter on an informal basis with the Employee's supervisor. If the matter is not resolved to the Employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the • UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of this LETTER OF AGREEMENT � �—�� violated, and the relief requested. Any alleged violation of this LETTER OF � AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the fust occurrence of the event giving rise to the grievance or with the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated EMPLOYER supervisor sha11 meet with the iINION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the t7NION within three (3) calendaz days following this meeting. The LJNION may refer the grievance in wriring to Step 3 within seven (7) calendaz days following receipt of the EMPLOYER's written answer. Any grievance not refened in writing by the LJNION within seven (7) calendar days following receipt of the EMPLOYER's answer sha11 be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the iJNION's designated representative in an effort to resoive the grievance. Within seven (7) calendaz days following the meeting the EMPLOYER sha11 reply in writing to the LJNION staung the EMPLOYER's answer concerning the grievance. � Step 3 shall be the final step. There shall be no right to mediation or arbitration with respect to any issues under this grievance process uniess agreed to by both parties. 7.3.1 The time limits in each step of this procedure may be e�ctended by mutual agreement of the Employer and the Union. 8. The Employer shall provide the Union with sixty (60) days written notice prior to the effective date of any subcontract or privatization agreement which may result in the termination or change of employment of employees covered under the terms and provisions of this agreement. At the request of the Union, the parties sha11 meet and negotiate in an effort to minimize the adverse effects of the Employer's decision upon the terms and conditions of this Agreement on the affected employees. • � � NOW, THEREFORE, the Parties have caused this Letter of Agreement to be executed by Q ���� their duly authorized representatives whose signatures appear below: CITY OF SAINT PAUL 1NTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, LOCAL NO. 13, AFL-CIO � _ l.lu,�� / r y �o � Te�altiner Date Labor Relations Manager � 4,.AA�%� ��o,..� ���o David Colby � Date Business Representative � 1 tya� Matthew Rice Da e Business Representative < � � Clif� •d Schieman Date President • OR�G�NAL Presented Referred To RESOLUTtON CITY OF SAINT PAUL, MINNESOTA Council File # O � -riri Green Sheet # 08913 �� Committee Date RESOLVED, that the Council of the City of Saint Paul hezeby approves and ratifies the attached 2 Letter of Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO. Requested by Department of: Office of Labor Relations By: �—�N � Form Appr ued by y� om� By: �/'� \f Z ' � Adoption Certified by Council Secretary �Y� �� •--� � a �^^-Q.. � .. n � Approved by May • ate � � ! � � By: Appr ayo��o ' sion tia Council By: '� Adopted by Council: Date ��.`� c�-O� c� � � DEPARTIMIENT/OFFICE(COUNCII.: DATE INITIATED GREEN SHEET No.: 08913 OO ��I ` LABOR RELATIONS January 18, 2000 � CONTACI' PERSON & PHONE: � itvITTALDpi'E pvl7iAy/ppiE TERRY HALTTNER 266-8897 p�IGN i nsrnarMErrr n� `�� a crrr courvciL 1VIJMBER 2 CTTY ATTORNEY � CII'Y CLERK MUST BE ON COUNCD. AGENDA BY (DATE) F�R BUDC'EC DII2. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASS'f.) � ORDER : TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) acnoN nEQVFS�n: This resolution approves the attached Letter of Agreement between the City of Saint Paul and the Intetnational Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO, pertaining to temporary employees. RECOMA�IENDA110NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUST ANSIVER THE FOLLOWING QUESTiONS: PLANNING COM[vIISSION _CIVIL SERVICE COM�9SSION 1. Haz tfiis persoNficm eves worked under a conhact for this department? CIB CATIMI7TEE Yes No _STAFF 2. Has tLis peison/firm ever been a city employee? DISIRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECIIVE? 3. Dces this persodfirm possess a skill not normatly possessed by any current ciry employee? Yes No Eaplaio all yes answers on separare sheet and attsc6 to green s6eet INI'PIATINGPROBLEM,ISSUE,OPPOR7'UNITY(N'6o,Whaf,Wheo,Where,Why):TeYIliS and Conditions for emplOyIDeriC O� temporary stage technicians was previously included in the Collective Bargaining Agreement. It was deCermined that this was inappropriate and that separate agreements should be negotiated. aDVqN'1'pGES1FaPPxOVen Events scheduled at the RiverCentre can proceed. DTSADVANTAGESIFAPPROVED: None ' DLSanvNVTnGESIFxOTAPPROVED: The City would be unable to hire temporary stage technicians from � the union hall for events at the RiverCentre. This could cause cancellations of events. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNiTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �¢ }v lav�i.�iLe� t`. G'�.°�•Ytf�= u CE8 Y ao -�n ATTAC�IMENT TO TI� GREEN SHEET The Internafionai Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO Below is a summary of the changes in the Letter of Agreement between the City and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. The Letter of Agreement is for the period of February 1, 1998 through January 31, 2001. The Wage Schedule sets the wages for the temporary, part-time employees. Wages: 1998: 2.50% (Splits*: 02/98 2.0%; 09/98 0.50%) 1999: 2.5% (Splits: 02/99 2.0%; 04/99 0.5%) 20Q0: 3.0% * Wage implementation dates The Union, International Alliance of Theatrical Stage Empioyees, Local No. 20, AFL-CIO, merged with International Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO. The merged entity has taken the Local No. 13 title. � 0 0 -'1'1 LETTER OF AGREEMENT Whereas, the City of St. Paul (the Employer herein) and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO (LTnion) aze Parties to a collective bazgaining agreement (Agreement) which took effect on February 1, 1998 and which remains in effect through January 31, 2001. Whereas the Employer and the Union desire to enter into an agreement for the employment of temporary employees not covered by the collective bazgaining agreement, The Parties, notwithstanding any other provision of the Agreement to the contrary, agree as foIIows: EMPLOYMENT OF TEMPORARY EMPLOYEES The provisions set forth herein shall be observed where the Employer supplements its regulaz full-time and regulasly scheduled part-time theatrical stage and related work force Uuough the employment of empioyees on a temporary intermittent, or on-call basis. 1. The services of the Union's hiring and refenal ha11 sha11 be made available to the Empioyer for referral of qualified theatrical stage and related employees on a temporary basis. The • Union shall refer qualified employees to the Employer for employment on a non- discriminatory basis. Nothing herein sha11 be construed as a limitation upon the Employer's right to recruit, select and employ temporary employees from other sources where the Union's hiring and referral hall is unable to meet the Employer's stated needs in a timely manner. 2. Persons employed under the provisions expressed herein shall be at will employees, i.e., they shall serve at the pleasure of the Employer. Such employees may be released from employment within the sole discretion of the Employer without regazd to just cause as the term has meaning under the provisions of the Agreement or elsewhere. Notwithstanding the provisions at pazagraph 7, below, the release of a temporary employee from employment shall not be subject to review under the grievance or arbitrauon provisions of the Agreement or the rules of the Saint Paul Civil Service Commission. Where temporary employees have been released from employment for misconduct or incompetency, the Employer sha11 provide the Union with the reason(s) for its action and the Empioyer may, in its sole discretion, refuse to employ persons in the future. 3. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Empioyer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. • • � 4. The Employer shall, upon written request of any employee deduct such sums as the union may specify for initiation fees, assessments and/or membership dues, provided such deductions aze uniformly established. The Empioyer shall remit such deductions to the appropriate designated representative of the Union on a monthly basis. The Union will indemnify, defend and hold hannless the Employer against any claims made and against any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under the pazagraph. The Employer will indemnify, defend and hold harmless the Union against any claims made and against any suits insrituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwazding deductions under this pazagraph. 5. Persons employed under the provisions expressed herein shail be paid the basic hourly wage rates as set forth below: Effective Effective Effedive Effective Effective 03/O1/1998 10/01/1998 02l01/1999 OS/O1/1999 02/O1/2000 Grips, Stagehands per hour: $ 15.48 $ 15.52 $ 15.83 $ 15.91 $ 1639 a performance: $ 57.76 $ 57.91 $ 59.07 $ 5936 $ 61.14 FIy Person Lamp Operator Property Person Stage Cazpen[er Stage Electrician Rigger-High Steel Rigger-Siuors Lifr Audio Visual Technician Truck LoadedUnloader (24 feet or less in tength) Truck Loader/Unloader (Trucks exceeding 24 feet) per how: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ I8.15 a performance: $ 64.26 $ 64.42 $ 6571 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68A2 perhour: $ 17.15 $ t7.19 $ 17.53 $ I'7.62 $ I8.15 aperformance: $ 6426 $ 64.42 $ 65J1 $ 66.04 $ 68.02 per hovr: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 aperformance: $ 6426 $ 64A2 $ 65.71 $ 66.04 $ 68.02 perhour: $ I7.15 $ 1719 $ 17.53 $ 77.62 $ 18.15 a performance: $ 6426 $ 64.42 $ 6591 $ 66.04 $ 68.02 per hour: $ 30.96 $ 31.03 $ 31.66 $ 31.81 $ 32.77 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 26.75 $ 26.82 $ 27.35 $ 27.49 $ 2831 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 per hour. $ 4192 $ 41.82 $ 42.66 $ 42.87 $ 44.16 per hour: $ 5422 $ 5436 $ 55.45 $ SSJ2 $ 5739 • Such rates will be paid retroactively to Mazch 1, 1998, only for those temporary, intermittent or on-call employees who worked two hundred (200) or more hours during the period Mazch i, 2 DO-�� � DO-�� 1998 through January 15, 2000. The February 1, 1999, rates expressed herein will be made effective on the first day of the Employer's regulaz pay period immediately following ratification of the Agreement by the Union. 6. In addition to the basic hourly wage rates expressed above, the following additional terms and conditions of employment shall be observed: • Employees shall be paid at the highest basic hourly rate applicable to the work assigned to them and performed during a cail for the entire duration of the cali. • One and one-half (1 '/z) times the basic hourly rate shall be paid for all hours worked after forty (40) in any work week. • One-half ('/z) tixnes the basic hourly rate shall be paid in addition to the rate paid under the provisions expressed herein for all hours worked on any of the days designated as holidays below: • New Year's Day, January 1 • Independence Day, July 4 • Thanksgiving Day, the Fourth Thursday in November • Christmas Day, December 25 • Two (2) times the basic hourly rate shall be paid for all hours worked between the hours of midnight and 8:00 a.m. • • Payrolis for persons employed under the provisions expressed herein shall be administered in the same manner and under the same conditions as employees covered by the Agreement, i.e., they shall be paid in the Employer's regular pay days and they shall use the Employer's regularly designated payroll and work rime recording forms and systems. Employees shall be paid two (2) hours' pay for all calls that aze cancelled within twenty- four (24) hours and four (4) hours' pay for all calls that aze cancelied upon arrival at the River Centre. Employees shali be paid a minimum of four (4) hours' pay for each appearance on the Employer's payroll. These provisions, however, shall not be effective when work is unable to proceed or the call is canceled because of adverse weather or other emergency condirions beyond the Employer's or its clients control or when the performance or truck rate provisions expressed below appiy. The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at an hourly rate of one-third ( the performance rate. It is understood that all of the performance crew will report one-half ('/z) hour before the scheduled performance time. It is further understood that one-half ('/z) hour prior to the scheduled performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. u r C , J The huck rate shall apply for all truck loading/unloading calls lasting up to three (3) hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at an howly rate of one-third ( the truck rate. • One (1) paid rest period of fifteen (I S) minutes' duration shall be granYed each four (4) hours of work except during performances and reheazsals. Reasonabie efforts shall be made to schedule such breaks between the second and third and the sixth and seventh hours of work All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all time worked after the Sth hour and until a meal break is granted shall be paid at rime and one-half of the regulaz rate of pay. In the event employees receive a meal period penalry, the penalty wage rate shall be one- half increment above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meai. � • The employer, in lieu of providing a full meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for all employees and at least thirry (30) minates to consume the meal. Employees shall receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 pm., when a cold meal, such as sandwiches and/or deli tray shall be adequate. Fast food sandwiches aze not acceptable. 7. The processing of grievances as hereinafter provided is lanited by the job duties and responsibilities of the Empioyees and sha11 therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward invoived and a grieving Employee shall sufFer no loss in pay when a grievance is processed during working hours, provided the stewazd and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 71 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this LET'I'ER OF AGREEMENT. The grievance provision herein does not preclude the Union or employee from pursuing at any time any remedy either or both may have at law or equity. 7.2 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this LETTER OF AGREEMENT, the Employee involved shall attempt to resoive the matter on an informal basis with the Employee's supervisor. If the matter is not resolved to the Employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the iJNION. The written grievance shall set forth the nature of the grievance, the facts 0 0 -'l'l _, _ p�_'1'1 on which it is based, the alleged section(s) of this LETTER OF AGREEMENT violated, and the relief requested. Any alleged violation of this LETTER OF AGREEMENT not reduced to writing by the LJNION within seven (7) calendar days • of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (�) calendar days after receiving the wriiten grievance a designated EMPLOYER supervisor shall meet with the LTrIION Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the LJNION within three (3) calendar days foilowing this meeting. The tJTIION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER's written answer. Any grievance not referred in writing by the LINION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance refened from Step 2 a designated EMPLOYER supervisor shall meet with the i1NION's designated representative in an effort to resolve the grievance. Within seven (7} calendar days following the meeting the EMPLOYER shall reply in writing to the LTNION stating the EMPLOYER's answer concerning the grievance. • Step 3 shall be the final step. There shall be no right to mediation or arbitration with respect to any issues under this grievance process unless agreed to by both parties. 7.3.1 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. S. The Employer shall provide the Union with sixty (60) days written notice prior to the effective date of any subcontract or privatization agreement which may result in the termination or change of employment of employees covered under tlte terms and provisions of this agreement. At the request of the Union, the parties shall meet and negotiate in an effort to minimize the adverse effects of the Employer's decision upon the terms and conditions of this Agreement on the affected employees. • .� � �� NOW, THEREFORE, the Parties have caused this Letter of Agreement to be executed by D d' their duly authorized representatives whose signahses appeaz below: CITY OF SAINT PAUL INTERNATIONAL ALLIANCE OF THEATRICAL STAGE BMPLOYEES, LOCAL NO. 13, AFL-CIO � I �-,.,��C /�/y ��� Te �er Date Labor Relations Manager �,�,�� o�„ ���10 David Colby Date Business Representative � 1 ! r� � Matthew Rice ate Business Representazive � /5` -F� � Cliffo •d Schieman Date President � 0 6 -�� LETTER OF AGREEMENT • Whereas, the City of 5t. Paul (the Employer herein) and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO (Union) aze Parties to a coilective bazgaining agreement (Agreement) which took effect on February 1,1998 and which remains in effect through January 31, 2001. Whereas the Employer and the Union desue to enter into an agreement for ihe employment of temporary employees not covered by the collective bazgaining agreement, The Parties, notwithstanding any other provision of the Agreement to the contrary, agree as follows: EMPLOYMENT OF TEMPORARY EMPLOYEES The provisions set forth herein shall be observed where the Employer supplements its regulaz full-time and regularly scheduled part-time theatrical stage and related work force through the employment of empioyees on a temporary intermittent, or on-call basis. 1. The services of the Union's hiring and referral hall shall be made available to the Employer for referral of qualified theatrical stage and related empioyees on a temporary basis. The � Union shall refer qualified employees to the Empioyer for employment on a non- discriminatory basis. Nothing herein shall be construed as a Innitation upon the Employer's right to recruit, select and employ temporary employees from other sources where the Union's hiring and referral hall is unabie to meet the Employer's stated needs in a timely manner. 2. Persons employed under the provisions expressed herein shall be at will employees, i.e., they sha11 serve at the pleasure of the Employer. Such employees may be released from employment within the sole discretion of the Employer without regard to just cause as the term has meaning under the provisions of the Agreement or elsewhere. Notwithstanding the provisions at pazagraph 7, below, the release of a temporary employee from employment shail not be subject to review under the grievance or arbitration provisions of the Agreement or the rules of the Saint Paul Civil Service Commission. Where temporary employees have been released &om employment for misconduct or incompetency, the Employer shall provide the Union with the reason(s) for its action and the Employer may, in its sole discretion, refuse to employ persons in the future. 3. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. • � 4. The Employer shall, upon written request of any employee deduct such sums as the union 0 0- .�� may specify for uritiation fees, assessments andlor membership dues, provided such deductions are uniformly established. The Employer shall remit such deductions to the appropriate designated representative of the Union on a monthly basis. The Union will indemnify, defend and hold harmless the Employer against any claims made and against any suits instituted against the Employer, its officers or employees, by zeason of negligence of the Union in requesting or receiving deductions under the paragraph. The Empioyer will indemnify, defend and hold hanuless the Union against any claims made and against any suits instituted against the Union, its o�cers or employees by reason of negligence on the part of the Employer in making or forwazding deductions under this paragraph. S. Persons employed under the provisions expressed herein shall be paid the basic hourly wage rates as set forth below: Effec[ive Effective Effective Effective Effective 03lO1l1998 10l0111998 02l01/1999 0810111999 02101/2000 Grips, Stagehands per hour: $ 15.48 $ 15.52 $ 15.83 $ 15.91 $ 1639 a performance: $ 5796 $ 57.91 $ 59.07 $ 5936 $ 61.14 Fly Person Lamp Operator Property Person � Stage Carpenter Stage Electrician Rigger-High Stee] Rigger-Sizzors Lifr Audio Visual Technician Truck Loader/Onloader (24 feet or less in leng[h) Truck Loader/Unloader (Trucks exceeding 24 feet) perhour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 perhour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 aperformance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 77.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 6&.02 per hour: $ 17.15 $ 17.19 $ 1753 $ 17.62 $ 18.15 a performarice: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 6&A2 pet hour: $ 30.96 $ 31.03 $ 31.66 $ 31.81 $ 32.77 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 26.75 $ 26.82 $ 2735 $ 27.49 $ 2831 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68A2 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 per hour: $ 41.72 $ 41.82 $ 42.66 $ 42.87 $ 44.16 per hour: $ 5422 $ 5436 $ 55.45 $ 55,72 $ 5739 • Such rates wiil be paid retroactively to March 1, 1998, only for those temporary, intermittent or on-cali employees who worked two hundred (200) or more hours during the period March I, 2 � • o o -�'t 1998 through January 15, 2000. The February 1, 1499, rates expressed herein will be made effective on the first day of the Employer's regular pay period 'unmediately following ratificarion � of the Agreement by the Union. 6. In addition to the basic hourly wage rates expressed above, the following additional terms and conditions of employment shall be observed: • Employees shall be paid at the highest basic hourly rate applicable to the work assigned to them and performed during a call for the entire durarion of the call. • One and one-half (1 '/z) times the basic hourly rate shall be paid for all hours worked after forty (40) in any work week. • One-half ('h) times the hasic hourly rate shall be paid in addition to the rate paid under the provisions expressed herein for ali hours worked on any of the days designated as holidays below: • New Yeaz's Day, January 1 • Independence Day, July 4 • Thanksgiving Day, the Fourth Thursday in November • Christmas Day, December 25 • Two (2) times the basic hourly rate shall be paid for all hours worked between the hours of midnight and 8:00 a.m. � • Payrolls for persons employed under ihe provisions expressed herein shall be administered in the same manner and under the same conditions as employees covered by the Agreement, i.e., they shall be paid in the Empioyer's regular pay days and they shall use the Employer's regularly designated payroll and work time recording forms and systems. Employees shall be paid two (2) hours' pay for all calls that aze cancelled within twenty- four (24) hours and four (4) hours' pay for all calls that aze cancelled upon arrival at the River Centre. Employees shall be paid a minunum of four (4) hours' pay for each appearance on the Empioyer's payroll. These provisions, however, shall not be effective when work is unable to proceed or the call is canceled because of adverse weather or other emergency conditions beyond the Employer's or its clients control or when the performance or truck rate provisions expressed below apply. The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3} hours shall be compensated at an hourly rate of one-third ( the performance rate. It is understood that all of the performance crew will report one-half ('/z) hour before the scheduled performance time. It is further understood that one-half ('/z) hour prior to the scheduted performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. � • The truck rate shall apply for all truck loading/unloading calls lasting up to three (3) � O- �� hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in � excess of three (3) hours sha11 be compensated at an hourly rate of one-third ( the iruck rate. • One (1) paid rest period of fifteen (15) minutes' duration shall be granted each four (4) hours of work except during performances and reheazsals. Reasonable efforts shall be made to schedule such breaks between the second and third and the sixth and seventh hours of work • All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all tune worked after the Sth hour and until a meal break is granted shall be paid at time and one-half of the regular rate of pay. In the event employees receive a meal period penalty, the penalty wage rate shall be one- half incremem above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meal. The employer, in lieu of providing a fuli meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for ali empioyees and at least thirty (30) minutes to consume the meal. Employees sha11 receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 p.m., when a cold meal, such as � sandwiches and/or deli tray shall be adequate. Fast food sandwiches are not acceptable. 7. The processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 7.1 The procedure estabiished by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this LETTER OF AGREEMENT. The grievance provision herein does not preclude the Union or employee from putsuing at any time any remedy either or both may have at law or equity. 7.2 Grievances shall be resolved in conformance with the foliowing procedure: Step 1. Upon the occurrence of an alleged violation of this LETTER OF AGREEMENT, the Employee involved shall attempt to resolve the matter on an informal basis with the Employee's supervisor. If the matter is not resolved to the Employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the • UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of this LETTER OF AGREEMENT � �—�� violated, and the relief requested. Any alleged violation of this LETTER OF � AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the fust occurrence of the event giving rise to the grievance or with the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated EMPLOYER supervisor sha11 meet with the iINION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the t7NION within three (3) calendaz days following this meeting. The LJNION may refer the grievance in wriring to Step 3 within seven (7) calendaz days following receipt of the EMPLOYER's written answer. Any grievance not refened in writing by the LJNION within seven (7) calendar days following receipt of the EMPLOYER's answer sha11 be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the iJNION's designated representative in an effort to resoive the grievance. Within seven (7) calendaz days following the meeting the EMPLOYER sha11 reply in writing to the LJNION staung the EMPLOYER's answer concerning the grievance. � Step 3 shall be the final step. There shall be no right to mediation or arbitration with respect to any issues under this grievance process uniess agreed to by both parties. 7.3.1 The time limits in each step of this procedure may be e�ctended by mutual agreement of the Employer and the Union. 8. The Employer shall provide the Union with sixty (60) days written notice prior to the effective date of any subcontract or privatization agreement which may result in the termination or change of employment of employees covered under the terms and provisions of this agreement. At the request of the Union, the parties sha11 meet and negotiate in an effort to minimize the adverse effects of the Employer's decision upon the terms and conditions of this Agreement on the affected employees. • � � NOW, THEREFORE, the Parties have caused this Letter of Agreement to be executed by Q ���� their duly authorized representatives whose signatures appear below: CITY OF SAINT PAUL 1NTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, LOCAL NO. 13, AFL-CIO � _ l.lu,�� / r y �o � Te�altiner Date Labor Relations Manager � 4,.AA�%� ��o,..� ���o David Colby � Date Business Representative � 1 tya� Matthew Rice Da e Business Representative < � � Clif� •d Schieman Date President • OR�G�NAL Presented Referred To RESOLUTtON CITY OF SAINT PAUL, MINNESOTA Council File # O � -riri Green Sheet # 08913 �� Committee Date RESOLVED, that the Council of the City of Saint Paul hezeby approves and ratifies the attached 2 Letter of Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO. Requested by Department of: Office of Labor Relations By: �—�N � Form Appr ued by y� om� By: �/'� \f Z ' � Adoption Certified by Council Secretary �Y� �� •--� � a �^^-Q.. � .. n � Approved by May • ate � � ! � � By: Appr ayo��o ' sion tia Council By: '� Adopted by Council: Date ��.`� c�-O� c� � � DEPARTIMIENT/OFFICE(COUNCII.: DATE INITIATED GREEN SHEET No.: 08913 OO ��I ` LABOR RELATIONS January 18, 2000 � CONTACI' PERSON & PHONE: � itvITTALDpi'E pvl7iAy/ppiE TERRY HALTTNER 266-8897 p�IGN i nsrnarMErrr n� `�� a crrr courvciL 1VIJMBER 2 CTTY ATTORNEY � CII'Y CLERK MUST BE ON COUNCD. AGENDA BY (DATE) F�R BUDC'EC DII2. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASS'f.) � ORDER : TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) acnoN nEQVFS�n: This resolution approves the attached Letter of Agreement between the City of Saint Paul and the Intetnational Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO, pertaining to temporary employees. RECOMA�IENDA110NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUST ANSIVER THE FOLLOWING QUESTiONS: PLANNING COM[vIISSION _CIVIL SERVICE COM�9SSION 1. Haz tfiis persoNficm eves worked under a conhact for this department? CIB CATIMI7TEE Yes No _STAFF 2. Has tLis peison/firm ever been a city employee? DISIRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECIIVE? 3. Dces this persodfirm possess a skill not normatly possessed by any current ciry employee? Yes No Eaplaio all yes answers on separare sheet and attsc6 to green s6eet INI'PIATINGPROBLEM,ISSUE,OPPOR7'UNITY(N'6o,Whaf,Wheo,Where,Why):TeYIliS and Conditions for emplOyIDeriC O� temporary stage technicians was previously included in the Collective Bargaining Agreement. It was deCermined that this was inappropriate and that separate agreements should be negotiated. aDVqN'1'pGES1FaPPxOVen Events scheduled at the RiverCentre can proceed. DTSADVANTAGESIFAPPROVED: None ' DLSanvNVTnGESIFxOTAPPROVED: The City would be unable to hire temporary stage technicians from � the union hall for events at the RiverCentre. This could cause cancellations of events. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNiTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �¢ }v lav�i.�iLe� t`. G'�.°�•Ytf�= u CE8 Y ao -�n ATTAC�IMENT TO TI� GREEN SHEET The Internafionai Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO Below is a summary of the changes in the Letter of Agreement between the City and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. The Letter of Agreement is for the period of February 1, 1998 through January 31, 2001. The Wage Schedule sets the wages for the temporary, part-time employees. Wages: 1998: 2.50% (Splits*: 02/98 2.0%; 09/98 0.50%) 1999: 2.5% (Splits: 02/99 2.0%; 04/99 0.5%) 20Q0: 3.0% * Wage implementation dates The Union, International Alliance of Theatrical Stage Empioyees, Local No. 20, AFL-CIO, merged with International Alliance of Theatrical Stage Employees, Local No. 13, AFL-CIO. The merged entity has taken the Local No. 13 title. � 0 0 -'1'1 LETTER OF AGREEMENT Whereas, the City of St. Paul (the Employer herein) and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO (LTnion) aze Parties to a collective bazgaining agreement (Agreement) which took effect on February 1, 1998 and which remains in effect through January 31, 2001. Whereas the Employer and the Union desire to enter into an agreement for the employment of temporary employees not covered by the collective bazgaining agreement, The Parties, notwithstanding any other provision of the Agreement to the contrary, agree as foIIows: EMPLOYMENT OF TEMPORARY EMPLOYEES The provisions set forth herein shall be observed where the Employer supplements its regulaz full-time and regulasly scheduled part-time theatrical stage and related work force Uuough the employment of empioyees on a temporary intermittent, or on-call basis. 1. The services of the Union's hiring and refenal ha11 sha11 be made available to the Empioyer for referral of qualified theatrical stage and related employees on a temporary basis. The • Union shall refer qualified employees to the Employer for employment on a non- discriminatory basis. Nothing herein sha11 be construed as a limitation upon the Employer's right to recruit, select and employ temporary employees from other sources where the Union's hiring and referral hall is unable to meet the Employer's stated needs in a timely manner. 2. Persons employed under the provisions expressed herein shall be at will employees, i.e., they shall serve at the pleasure of the Employer. Such employees may be released from employment within the sole discretion of the Employer without regazd to just cause as the term has meaning under the provisions of the Agreement or elsewhere. Notwithstanding the provisions at pazagraph 7, below, the release of a temporary employee from employment shall not be subject to review under the grievance or arbitrauon provisions of the Agreement or the rules of the Saint Paul Civil Service Commission. Where temporary employees have been released from employment for misconduct or incompetency, the Employer sha11 provide the Union with the reason(s) for its action and the Empioyer may, in its sole discretion, refuse to employ persons in the future. 3. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Empioyer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. • • � 4. The Employer shall, upon written request of any employee deduct such sums as the union may specify for initiation fees, assessments and/or membership dues, provided such deductions aze uniformly established. The Empioyer shall remit such deductions to the appropriate designated representative of the Union on a monthly basis. The Union will indemnify, defend and hold hannless the Employer against any claims made and against any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under the pazagraph. The Employer will indemnify, defend and hold harmless the Union against any claims made and against any suits insrituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwazding deductions under this pazagraph. 5. Persons employed under the provisions expressed herein shail be paid the basic hourly wage rates as set forth below: Effective Effective Effedive Effective Effective 03/O1/1998 10/01/1998 02l01/1999 OS/O1/1999 02/O1/2000 Grips, Stagehands per hour: $ 15.48 $ 15.52 $ 15.83 $ 15.91 $ 1639 a performance: $ 57.76 $ 57.91 $ 59.07 $ 5936 $ 61.14 FIy Person Lamp Operator Property Person Stage Cazpen[er Stage Electrician Rigger-High Steel Rigger-Siuors Lifr Audio Visual Technician Truck LoadedUnloader (24 feet or less in tength) Truck Loader/Unloader (Trucks exceeding 24 feet) per how: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ I8.15 a performance: $ 64.26 $ 64.42 $ 6571 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68A2 perhour: $ 17.15 $ t7.19 $ 17.53 $ I'7.62 $ I8.15 aperformance: $ 6426 $ 64.42 $ 65J1 $ 66.04 $ 68.02 per hovr: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 aperformance: $ 6426 $ 64A2 $ 65.71 $ 66.04 $ 68.02 perhour: $ I7.15 $ 1719 $ 17.53 $ 77.62 $ 18.15 a performance: $ 6426 $ 64.42 $ 6591 $ 66.04 $ 68.02 per hour: $ 30.96 $ 31.03 $ 31.66 $ 31.81 $ 32.77 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 26.75 $ 26.82 $ 27.35 $ 27.49 $ 2831 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 per hour. $ 4192 $ 41.82 $ 42.66 $ 42.87 $ 44.16 per hour: $ 5422 $ 5436 $ 55.45 $ SSJ2 $ 5739 • Such rates will be paid retroactively to Mazch 1, 1998, only for those temporary, intermittent or on-call employees who worked two hundred (200) or more hours during the period Mazch i, 2 DO-�� � DO-�� 1998 through January 15, 2000. The February 1, 1999, rates expressed herein will be made effective on the first day of the Employer's regulaz pay period immediately following ratification of the Agreement by the Union. 6. In addition to the basic hourly wage rates expressed above, the following additional terms and conditions of employment shall be observed: • Employees shall be paid at the highest basic hourly rate applicable to the work assigned to them and performed during a cail for the entire duration of the cali. • One and one-half (1 '/z) times the basic hourly rate shall be paid for all hours worked after forty (40) in any work week. • One-half ('/z) tixnes the basic hourly rate shall be paid in addition to the rate paid under the provisions expressed herein for all hours worked on any of the days designated as holidays below: • New Year's Day, January 1 • Independence Day, July 4 • Thanksgiving Day, the Fourth Thursday in November • Christmas Day, December 25 • Two (2) times the basic hourly rate shall be paid for all hours worked between the hours of midnight and 8:00 a.m. • • Payrolis for persons employed under the provisions expressed herein shall be administered in the same manner and under the same conditions as employees covered by the Agreement, i.e., they shall be paid in the Employer's regular pay days and they shall use the Employer's regularly designated payroll and work rime recording forms and systems. Employees shall be paid two (2) hours' pay for all calls that aze cancelled within twenty- four (24) hours and four (4) hours' pay for all calls that aze cancelied upon arrival at the River Centre. Employees shali be paid a minimum of four (4) hours' pay for each appearance on the Employer's payroll. These provisions, however, shall not be effective when work is unable to proceed or the call is canceled because of adverse weather or other emergency condirions beyond the Employer's or its clients control or when the performance or truck rate provisions expressed below appiy. The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at an hourly rate of one-third ( the performance rate. It is understood that all of the performance crew will report one-half ('/z) hour before the scheduled performance time. It is further understood that one-half ('/z) hour prior to the scheduled performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. u r C , J The huck rate shall apply for all truck loading/unloading calls lasting up to three (3) hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at an howly rate of one-third ( the truck rate. • One (1) paid rest period of fifteen (I S) minutes' duration shall be granYed each four (4) hours of work except during performances and reheazsals. Reasonabie efforts shall be made to schedule such breaks between the second and third and the sixth and seventh hours of work All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all time worked after the Sth hour and until a meal break is granted shall be paid at rime and one-half of the regulaz rate of pay. In the event employees receive a meal period penalry, the penalty wage rate shall be one- half increment above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meai. � • The employer, in lieu of providing a full meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for all employees and at least thirry (30) minates to consume the meal. Employees shall receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 pm., when a cold meal, such as sandwiches and/or deli tray shall be adequate. Fast food sandwiches aze not acceptable. 7. The processing of grievances as hereinafter provided is lanited by the job duties and responsibilities of the Empioyees and sha11 therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward invoived and a grieving Employee shall sufFer no loss in pay when a grievance is processed during working hours, provided the stewazd and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 71 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this LET'I'ER OF AGREEMENT. The grievance provision herein does not preclude the Union or employee from pursuing at any time any remedy either or both may have at law or equity. 7.2 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this LETTER OF AGREEMENT, the Employee involved shall attempt to resoive the matter on an informal basis with the Employee's supervisor. If the matter is not resolved to the Employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the iJNION. The written grievance shall set forth the nature of the grievance, the facts 0 0 -'l'l _, _ p�_'1'1 on which it is based, the alleged section(s) of this LETTER OF AGREEMENT violated, and the relief requested. Any alleged violation of this LETTER OF AGREEMENT not reduced to writing by the LJNION within seven (7) calendar days • of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (�) calendar days after receiving the wriiten grievance a designated EMPLOYER supervisor shall meet with the LTrIION Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the LJNION within three (3) calendar days foilowing this meeting. The tJTIION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER's written answer. Any grievance not referred in writing by the LINION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance refened from Step 2 a designated EMPLOYER supervisor shall meet with the i1NION's designated representative in an effort to resolve the grievance. Within seven (7} calendar days following the meeting the EMPLOYER shall reply in writing to the LTNION stating the EMPLOYER's answer concerning the grievance. • Step 3 shall be the final step. There shall be no right to mediation or arbitration with respect to any issues under this grievance process unless agreed to by both parties. 7.3.1 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. S. The Employer shall provide the Union with sixty (60) days written notice prior to the effective date of any subcontract or privatization agreement which may result in the termination or change of employment of employees covered under tlte terms and provisions of this agreement. At the request of the Union, the parties shall meet and negotiate in an effort to minimize the adverse effects of the Employer's decision upon the terms and conditions of this Agreement on the affected employees. • .� � �� NOW, THEREFORE, the Parties have caused this Letter of Agreement to be executed by D d' their duly authorized representatives whose signahses appeaz below: CITY OF SAINT PAUL INTERNATIONAL ALLIANCE OF THEATRICAL STAGE BMPLOYEES, LOCAL NO. 13, AFL-CIO � I �-,.,��C /�/y ��� Te �er Date Labor Relations Manager �,�,�� o�„ ���10 David Colby Date Business Representative � 1 ! r� � Matthew Rice ate Business Representazive � /5` -F� � Cliffo •d Schieman Date President � 0 6 -�� LETTER OF AGREEMENT • Whereas, the City of 5t. Paul (the Employer herein) and the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO (Union) aze Parties to a coilective bazgaining agreement (Agreement) which took effect on February 1,1998 and which remains in effect through January 31, 2001. Whereas the Employer and the Union desue to enter into an agreement for ihe employment of temporary employees not covered by the collective bazgaining agreement, The Parties, notwithstanding any other provision of the Agreement to the contrary, agree as follows: EMPLOYMENT OF TEMPORARY EMPLOYEES The provisions set forth herein shall be observed where the Employer supplements its regulaz full-time and regularly scheduled part-time theatrical stage and related work force through the employment of empioyees on a temporary intermittent, or on-call basis. 1. The services of the Union's hiring and referral hall shall be made available to the Employer for referral of qualified theatrical stage and related empioyees on a temporary basis. The � Union shall refer qualified employees to the Empioyer for employment on a non- discriminatory basis. Nothing herein shall be construed as a Innitation upon the Employer's right to recruit, select and employ temporary employees from other sources where the Union's hiring and referral hall is unabie to meet the Employer's stated needs in a timely manner. 2. Persons employed under the provisions expressed herein shall be at will employees, i.e., they sha11 serve at the pleasure of the Employer. Such employees may be released from employment within the sole discretion of the Employer without regard to just cause as the term has meaning under the provisions of the Agreement or elsewhere. Notwithstanding the provisions at pazagraph 7, below, the release of a temporary employee from employment shail not be subject to review under the grievance or arbitration provisions of the Agreement or the rules of the Saint Paul Civil Service Commission. Where temporary employees have been released &om employment for misconduct or incompetency, the Employer shall provide the Union with the reason(s) for its action and the Employer may, in its sole discretion, refuse to employ persons in the future. 3. The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. • � 4. The Employer shall, upon written request of any employee deduct such sums as the union 0 0- .�� may specify for uritiation fees, assessments andlor membership dues, provided such deductions are uniformly established. The Employer shall remit such deductions to the appropriate designated representative of the Union on a monthly basis. The Union will indemnify, defend and hold harmless the Employer against any claims made and against any suits instituted against the Employer, its officers or employees, by zeason of negligence of the Union in requesting or receiving deductions under the paragraph. The Empioyer will indemnify, defend and hold hanuless the Union against any claims made and against any suits instituted against the Union, its o�cers or employees by reason of negligence on the part of the Employer in making or forwazding deductions under this paragraph. S. Persons employed under the provisions expressed herein shall be paid the basic hourly wage rates as set forth below: Effec[ive Effective Effective Effective Effective 03lO1l1998 10l0111998 02l01/1999 0810111999 02101/2000 Grips, Stagehands per hour: $ 15.48 $ 15.52 $ 15.83 $ 15.91 $ 1639 a performance: $ 5796 $ 57.91 $ 59.07 $ 5936 $ 61.14 Fly Person Lamp Operator Property Person � Stage Carpenter Stage Electrician Rigger-High Stee] Rigger-Sizzors Lifr Audio Visual Technician Truck Loader/Onloader (24 feet or less in leng[h) Truck Loader/Unloader (Trucks exceeding 24 feet) perhour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 perhour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 aperformance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 17.15 $ 17.19 $ 17.53 $ 77.62 $ 18.15 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 6&.02 per hour: $ 17.15 $ 17.19 $ 1753 $ 17.62 $ 18.15 a performarice: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 6&A2 pet hour: $ 30.96 $ 31.03 $ 31.66 $ 31.81 $ 32.77 a performance: $ 6426 $ 64.42 $ 65.71 $ 66.04 $ 68.02 per hour: $ 26.75 $ 26.82 $ 2735 $ 27.49 $ 2831 a performance: $ 64.26 $ 64.42 $ 65.71 $ 66.04 $ 68A2 per hour: $ 17.15 $ 17.19 $ 17.53 $ 17.62 $ 18.15 per hour: $ 41.72 $ 41.82 $ 42.66 $ 42.87 $ 44.16 per hour: $ 5422 $ 5436 $ 55.45 $ 55,72 $ 5739 • Such rates wiil be paid retroactively to March 1, 1998, only for those temporary, intermittent or on-cali employees who worked two hundred (200) or more hours during the period March I, 2 � • o o -�'t 1998 through January 15, 2000. The February 1, 1499, rates expressed herein will be made effective on the first day of the Employer's regular pay period 'unmediately following ratificarion � of the Agreement by the Union. 6. In addition to the basic hourly wage rates expressed above, the following additional terms and conditions of employment shall be observed: • Employees shall be paid at the highest basic hourly rate applicable to the work assigned to them and performed during a call for the entire durarion of the call. • One and one-half (1 '/z) times the basic hourly rate shall be paid for all hours worked after forty (40) in any work week. • One-half ('h) times the hasic hourly rate shall be paid in addition to the rate paid under the provisions expressed herein for ali hours worked on any of the days designated as holidays below: • New Yeaz's Day, January 1 • Independence Day, July 4 • Thanksgiving Day, the Fourth Thursday in November • Christmas Day, December 25 • Two (2) times the basic hourly rate shall be paid for all hours worked between the hours of midnight and 8:00 a.m. � • Payrolls for persons employed under ihe provisions expressed herein shall be administered in the same manner and under the same conditions as employees covered by the Agreement, i.e., they shall be paid in the Empioyer's regular pay days and they shall use the Employer's regularly designated payroll and work time recording forms and systems. Employees shall be paid two (2) hours' pay for all calls that aze cancelled within twenty- four (24) hours and four (4) hours' pay for all calls that aze cancelled upon arrival at the River Centre. Employees shall be paid a minunum of four (4) hours' pay for each appearance on the Empioyer's payroll. These provisions, however, shall not be effective when work is unable to proceed or the call is canceled because of adverse weather or other emergency conditions beyond the Employer's or its clients control or when the performance or truck rate provisions expressed below apply. The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3} hours shall be compensated at an hourly rate of one-third ( the performance rate. It is understood that all of the performance crew will report one-half ('/z) hour before the scheduled performance time. It is further understood that one-half ('/z) hour prior to the scheduted performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. � • The truck rate shall apply for all truck loading/unloading calls lasting up to three (3) � O- �� hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in � excess of three (3) hours sha11 be compensated at an hourly rate of one-third ( the iruck rate. • One (1) paid rest period of fifteen (15) minutes' duration shall be granted each four (4) hours of work except during performances and reheazsals. Reasonable efforts shall be made to schedule such breaks between the second and third and the sixth and seventh hours of work • All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all tune worked after the Sth hour and until a meal break is granted shall be paid at time and one-half of the regular rate of pay. In the event employees receive a meal period penalty, the penalty wage rate shall be one- half incremem above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meal. The employer, in lieu of providing a fuli meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for ali empioyees and at least thirty (30) minutes to consume the meal. Employees sha11 receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 p.m., when a cold meal, such as � sandwiches and/or deli tray shall be adequate. Fast food sandwiches are not acceptable. 7. The processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 7.1 The procedure estabiished by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this LETTER OF AGREEMENT. The grievance provision herein does not preclude the Union or employee from putsuing at any time any remedy either or both may have at law or equity. 7.2 Grievances shall be resolved in conformance with the foliowing procedure: Step 1. Upon the occurrence of an alleged violation of this LETTER OF AGREEMENT, the Employee involved shall attempt to resolve the matter on an informal basis with the Employee's supervisor. If the matter is not resolved to the Employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the • UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of this LETTER OF AGREEMENT � �—�� violated, and the relief requested. Any alleged violation of this LETTER OF � AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the fust occurrence of the event giving rise to the grievance or with the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated EMPLOYER supervisor sha11 meet with the iINION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the t7NION within three (3) calendaz days following this meeting. The LJNION may refer the grievance in wriring to Step 3 within seven (7) calendaz days following receipt of the EMPLOYER's written answer. Any grievance not refened in writing by the LJNION within seven (7) calendar days following receipt of the EMPLOYER's answer sha11 be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the iJNION's designated representative in an effort to resoive the grievance. Within seven (7) calendaz days following the meeting the EMPLOYER sha11 reply in writing to the LJNION staung the EMPLOYER's answer concerning the grievance. � Step 3 shall be the final step. There shall be no right to mediation or arbitration with respect to any issues under this grievance process uniess agreed to by both parties. 7.3.1 The time limits in each step of this procedure may be e�ctended by mutual agreement of the Employer and the Union. 8. The Employer shall provide the Union with sixty (60) days written notice prior to the effective date of any subcontract or privatization agreement which may result in the termination or change of employment of employees covered under the terms and provisions of this agreement. At the request of the Union, the parties sha11 meet and negotiate in an effort to minimize the adverse effects of the Employer's decision upon the terms and conditions of this Agreement on the affected employees. • � � NOW, THEREFORE, the Parties have caused this Letter of Agreement to be executed by Q ���� their duly authorized representatives whose signatures appear below: CITY OF SAINT PAUL 1NTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, LOCAL NO. 13, AFL-CIO � _ l.lu,�� / r y �o � Te�altiner Date Labor Relations Manager � 4,.AA�%� ��o,..� ���o David Colby � Date Business Representative � 1 tya� Matthew Rice Da e Business Representative < � � Clif� •d Schieman Date President •